Ex Parte Mallebrein - Page 4




              Appeal No. 2006-0109                                                                Παγε 4                                       
              Application No. 10/350,187                                                                                                       


              (ETC) command 210 is executed, followed by execution of the phaser command 216, a                                                
              repeat of the load check 204 and high-load hysteresis check 212.  At this point, if the                                          
              desired load is equal to or exceeds the predetermined high-load hysteresis threshold,                                            
              switching step 214 is executed.  Second, in the case where the load check 204 and low-                                           
              lift position check 208 determine that the two-step switching device needs to be                                                 
              switched to the low-lift position, if the low-load hysteresis check 226 determines that the                                      
              desired load exceeds the predetermined low-load hysteresis threshold, ETC command                                                
              224 and phaser command 222 are sequentially executed.  Following execution of                                                    
              phaser command 222, load check 204 and low-load hysteresis check 226 are repeated.                                               
              If in low-load hysteresis check 226 the desired load is less than or equal to the                                                
              predetermined low-load hysteresis threshold, two-step switching device 16 is switched                                            
              to the low-lift position.                                                                                                        
                     There is no express indication in Kabasin that the phasing is adjusted “so that at                                        
              least one condition variable of the combustion of a combustion chamber assigned to                                               
              said inlet valve does not change” as called for in each of the claims on appeal and                                              
                                                                                                                                              
              threshold of the load check 204 to provide hysteresis in the switching of two-step switching device 16 and                       
              thereby provide for a smooth switch thereof and prevent the two-step switching device from oscillating                           
              between the high and low-lift modes.                                                                                             























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